Fuck ICE Says West Virginia Court, Threatening Fines And Contempt Charges

Legal Issues

from the get-abolished,-you-bastards dept

The administration has burnt the “presumption of regularity” to a crispness normally reserved for conquered bridges succumbing to heat death. It is now well known that the Trump administration will do whatever it wants to do, whether or not it’s supported by law. And when the courts push back, the administration responds with implicit “fuck you’s” or explicit verbal attacks on the judiciary.

The administration isn’t playing with a full deck, albeit not in the way that phrase is normally understood. Normally, it would mean the administration is batshit crazy. And it is! But its insanity isn’t of the pro-se-complainant-arguing-flag-fringe-merits variety. It’s the other thing: the refusal to respect court rulings it disagrees with. Ever.

The courts are sick of this refusal to respect a co-equal government branch. Hundreds of cases handled by dozens of judges have resulted in adverse rulings against the Trump administration. And yet, the administration refuses to stop doing the things hundreds of rulings have stated it can’t do.

It’s never been a regional thing (Fifth Circuit explicitly excluded). These are not the efforts of judges in “liberal” states who have been appointed by Democratic Party presidents. This is universal.

West Virginia, a state where Trump secured 70% of the votes in the last presidential election, is now poised to hand his masked ICE goons a significant loss. In one of thousands of similar habeas corpus cases filed around the nation following Trump’s racist anti-brown people surge, a federal judge has said he’s seen enough to move forward with contempt hearings and possible fines for government officials. (h/t Kyle Cheney)

The plaintiff is a Honduras native who was arrested by ICE and immediately sent to a detention facility one state over. This is something ICE does regularly, for the obvious reason of making it more difficult for detainees to challenge their detention. Since cases need to be filed wherever the person is detained, keeping arrestees in a state of perpetual motion makes this almost impossible.

But Miguel Izaguirre managed to get his case to court before he was moved again. That kept ICE from sending him to another detention center in another, possibly ICE-friendlier state (I’m glaring at you, Fifth Circuit).

Izaguirre’s allegations resemble those of most ICE detainees: he was denied his due process rights despite being arrested for a mere civil violation. The government has refused (probably because it doesn’t have it) to provide anything supporting it’s claim that Izaguirre must remain incarcerated while his civil case plays out in court.

From the opinion [PDF]:

[T[he Government stated that it had “carefully reviewed the pending petition and determined that the same or substantially similar issues arise in the case at bar.” [ECF No. 16- 1, at 2]. The Government further confirmed that it would not offer evidence beyond the documents attached to its response, nor would it offer any witnesses.

Since the government doesn’t actually have anything to offer in support of violating this detainee’s due process rights, the court gets right to the point:

For the reasons explained and analyzed in previous cases before this court and this district, I will once again FIND: First, the court has jurisdiction. Petitioner does not challenge an immigration proceeding or decision that would bar this court’s jurisdiction. Second, Petitioner is not “seeking admission” into the country, and the discretionary detention of 8 U.S.C. § 1226 applies to him. Third, Petitioner’s due process rights have been violated. Despite facing no criminal charge, Petitioner sits in the local jail with no hearing to determine his custody. There is no evidence in the record that Petitioner is a danger to the community or a flight risk, and there is sufficient evidence that he has community ties. Still, he has been afforded no hearing. This violates his due process rights.

Immediate release is the only appropriate remedy. Where detention has been found unlawful and no constitutionally adequate bond hearing has been provided, continued custody cannot stand.

Simply stated, but with some spite. The court makes it clear this is symptomatic of Trump’s anti-migrant efforts — something familiar enough that the court knows it needs to go further than just simply ordering the release of yet another migrant whose rights have been violated.

It’s something this court has seen multiple times in one week.

This case is one of 17 immigration habeas petitions assigned to the court this week. According to the Government, the detention of these Petitioners is “mandatory” under 8 U.S.C. §1225, and regardless of the constitutional defects, the federal district courts lack jurisdiction over these claims—an argument unanimously rejected in this district.

A flood of cases alleging similar violations of rights would be irritating enough. But the government absolutely refuses to abide by rulings issued in several similar cases. (Emphasis in the original.)

In 15 of the cases, Petitioners challenge their continued unlawful detention resulting from an arrest occurring on or after February 12, 2026.

The court then cites three previous rulings on similar cases, in which federal judges not only ruled they had jurisdiction to handle these cases, but that this mandatory detention violated detainees’ due process rights. All of those occurred prior to February 12. Judge Joseph Goodwin is sick of it.

But on February 12, 14, 17, 18, 21, and 22, 2026, the Government arrested noncitizens already in the interior of the United States. Today, the Government continues to wrongfully detain those petitioners without due process. Even now the Government incredulously asserts that the federal district courts do not have jurisdiction, that petitioners cannot raise due process violations, and that the Government has authority to mandatorily and indefinitely detain noncitizens in the local jail.

The Government is wrong. Judges in this district have said that over and over and over again. I have said it myself.

And that’s where Judge Goodwin invites the government to fuck around and find out, including the subservient local boys who are far too anxious to help ICE violate people’s rights:

This Memorandum Opinion and Order serves as explicit notice to all officials—state and federal—involved in the detention of individuals whose cases come before this court.

Continued detention without individualized custody determinations, after this court’s repeated holdings that such detention violates the Fifth Amendment, will result in legal consequences. For state jail officials, those consequences include personal civil liability without qualified immunity protection. For federal officials, those consequences include exercise of this court’s full inherent authority to enforce constitutional compliance including contempt.

Officials who believe this court has erred in its constitutional analysis may seek stay of this court’s orders pending appeal or pursue appellate review. What they may not do is continue systematic constitutional violations while preserving appellate objections and expecting this court to grant relief in case after case without enforcing its rulings.

Judge Goodwin signs off with this statement, which should be self-evident:

This court will enforce the Constitution.

Let’s hope he does it. Let’s hope jail officials cut people loose rather than start coughing up part of their paychecks. Let’s hope some ICE officials get to spend a few days in the cooler for refusing to comply with court orders. And let’s hope that courts across the nation generate the sort of collective and concerted pressure that will force the Supreme Court to set precedent that vastly undermines this administration’s bigoted efforts to scrub this country of people who aren’t white enough to be considered human beings by the racist goons infesting the White House.

Filed Under: dhs, ice, mass deportation, rights violations, trump administration, west virginia